Health Service Commissioners Act 1993

[F1 Persons subject to investigation]E+W+S

Textual Amendments

F1Ss. 2A, 2B and crossheading inserted (1.4.1996) by 1996 c. 5, s. 1; S.I. 1996/970, art. 2(1)

[F22A Health service providers subject to investigation.E+W+S

(1)Persons are subject to investigation by the Health Service Commissioner for England [F3if they are [F4or were at the time of the action complained of]—

(a)individuals undertaking to provide in England general medical services or general dental services under Part II of the National Health Service Act 1977;

(b)persons (whether individuals or bodies) undertaking to provide in England general ophthalmic services or pharmaceutical services under Part II of that Act; or

(c)individuals performing in England personal medical services or personal dental services in accordance with arrangements made under section 28C of that Act (except as employees of, or otherwise on behalf of, a health service body or an independent provider)]

(2)Persons are subject to investigation by the Health Service Commissioner for Wales [F5if they are [F6or were at the time of the action complained of]—

(a)individuals undertaking to provide in Wales general medical services or general dental services under Part II of the National Health Service Act 1977;

(b)persons (whether individuals or bodies) undertaking to provide in Wales general ophthalmic services or pharmaceutical services under Part II of that Act; or

(c)individuals performing in Wales personal medical services or personal dental services in accordance with arrangements made under section 28C of that Act (except as employees of, or otherwise on behalf of, a health service body or an independent provider)]

(3)Persons are subject to investigation by the Health Service Commissioner for Scotland [F7if they are—

(a)individuals undertaking to provide in Scotland general medical services or general dental services under Part II of the M1National Health Service (Scotland) Act 1978;

(b)persons (whether individuals or bodies) undertaking to provide in Scotland general ophthalmic services or pharmaceutical services under Part II of that Act; or

(c)individuals performing in Scotland personal medical services or personal dental services in accordance with arrangements made under section 17C of that Act (except as employees of, or otherwise on behalf of, a health service body or an independent provider)]

(4)In this Act—

(a)references to a family health service provider are to any person mentioned in subsection (1), (2) or (3);

(b)references to family health services are to any of the services so mentioned.]

Textual Amendments

F2S. 2A and sidenote inserted (1.4.1996) by 1996 c. 5, s. 1; S.I. 1996/970, art. 2(1)

F3S. 2A(1)(a)(b)(c) and words in s. 2A(1) substituted for words in s. 2A(1) (1.4.1998 with effect as mentioned in art. 3(3) of S.I. 1998/631) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 68(2); S.I. 1998/631, art. 2(1)(b), Sch. 2

F4Words in s. 2A(1) inserted (23.2.2001) by 2000 c. 28, ss. 1(1)(2)(a), 4(2) (with s. 3)

F5S. 2A(2)(a)(b)(c) and words in s. 2A(2) substituted for words in s. 2A(2) (1.4.1998 with effect as mentioned in art. 3(3) of S.I. 1998/631) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 68(3); S.I. 1998/631, art. 2(1)(b), Sch. 2

F6Words in s. 2A(2) inserted (23.2.2001) by 2000 c. 28, ss. 1(1)(2)(b), 4(2) (with s. 3)

F7S. 2A(3)(a)(b)(c) and words in s. 2A(3) substituted for words in s. 2A(3) (1.4.1998 with effect as mentioned in art. 3(3) of S.I. 1998/631) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 68(4); S.I. 1998/631, art. 2(1)(b), Sch. 2

Marginal Citations

[F82B Independent providers subject to investigation.E+W+S

(1)Persons are subject to investigation by the Health Service Commissioner for England if—

(a)they are [F9or were at the time of the action complained of] persons (whether individuals or bodies) providing services in England under arrangements with health service bodies or family health service providers, and

(b)they are not [F10or were not at the time of the action complained of] themselves health service bodies or family health service providers.

(2)Persons are subject to investigation by the Health Service Commissioner for Wales if—

(a)they are [F11or were at the time of the action complained of] persons (whether individuals or bodies) providing services in Wales under arrangements with health service bodies or family health service providers, and

(b)they are not [F12or were not at the time of the action complained of] themselves health service bodies or family health service providers.

[F13(2A)Arrangements with the Assembly are not arrangements with a health service body for the purposes of this Act unless they are made in the exercise of a function of the Assembly relating to the National Health Service.]

(3)Persons are subject to investigation by the Health Service Commissioner for Scotland if—

(a)they are persons (whether individuals or bodies) providing services in Scotland under arrangements with health service bodies or family health service providers, and

(b)they are not themselves health service bodies or family health service providers.

(4)The services provided under arrangements mentioned in subsection (1)(a), (2)(a) or (3)(a) may be services of any kind.

(5)In this Act references to an independent provider are to any person providing services as mentioned in subsection (1), (2) or (3).]

Textual Amendments

F8S. 2B and sidenote inserted (1.4.1996) by 1996 c. 5, s. 1; S.I. 1996/970, art. 2(1)

F9Words in s. 2B(1)(a) inserted (23.2.2001) by 2000 c. 28, ss. 1(1)(3)(a), 4(2) (with s. 3)

F10Words in s. 2B(1)(b) inserted (23.2.2001) by 2000 c. 28, ss. 1(1)(3)(b), 4(2) (with s. 3)

F11Words in s. 2B(2)(a) inserted (23.2.2001) by 2000 c. 28, ss. 1(1)(3)(c), 4(2) (with s. 3)

F12Words in s. 2B(2)(b) inserted (23.2.2001) by 2000 c. 28, ss. 1(1)(3)(d), 4(2) (with s. 3)